EX-M.P.'s DIVORCE.

Taranaki Daily News, 28 September 1920, Page 5

EX-M.P.'s DIVORCE.

GRAVE ALLEGATIONS,, OF PEARCE. DIVORCECASE. A serious allegation against Mr. G. Vi Pearce, ex-M.P. for Patea, and a prominent member of the Reform party, and an equally grave accusation against the Government, was made by Mr Myers before the Chief Justice (Sir Robert Stout), at a Chambers sitting of the Supreme Court at Wellington on Saturday, when he stated that Pearce had committed a contempt of court by taking his' 20-year-old daughter, Hazel Pearce, out of New Zealand, or by being a party to the girl leaving the Dominion, and that the Government had been a party to the contempt because, after it had been placed in full possession of the facts of the case, it had deliberately allowed Pearce and his daughter passports to leave the country. HISTORY OF THE CASE. Pearce, who represented Patea in the late Parliament, announced himself as a candidate in the Reform interest at the last general election, and among others he was opposed by his brother-in-law, Mr. W. D. Powdrell. At the eleventh hour, Pearce withdrew from the contest, which resulted in favor of Powdrell. Subsequently, Mrs. Pearce sought a dissolution of her marriage to Pearce on the grounds of adultery, and the court granted a decree nisi, the interim custody .of Hazel Pearce being given to the petitioner. Subsequently (on June 4th. last), Pearce and Hazel Pearce, together with another daughter, Miss Myra Pearce, left Wellington for Australia, and they have not since returned. The proceedings before the court on Saturday were the outcome of the divorce suit and the absence from New Zealand of Pearce and Hazel Pearce, Mr. Myers applying for a direction for service on Pearce's solicitor on the records of a petition claiming alimony and an application for a decree absolute and permanent custody of the youngest daughter; also, for an order committing Pearce for contempt of court. "A FUGITIVE FROM JUSTICE." At the outset, Sir John Findlay said he was appearing in a somewhat unusual position, in that he was not representing Pearce, but a professional' brother who had represented the respondent in the divorce proceedings, but who now, owing to the uncertainty of the whereabouts of Pearce, supposed to be on bis way to Japan, was in an anomalous position. He had advised Pearce's solicitor on the records that he thought it would be unfair to himself and undoubtedly unfair to Pearce if he were to take the responsibility of service. Sir Robert Stout: In Scotland Pearce would bo called a fugitive from justice, and everything he possessed in the country would be seized. Sir John Findlay said that all Pearce's money was in property and all the deeds held by trustees, so there was no danger on that score. Sir Robert Stout: If that is so, surely the trustees would have authority to pay any debts?

THE MAIN ISSUE. _ Sir John Findlay: The main point, sir, I understand, is the question of contempt of court. There is abundant property of Pearce's in the country, and I suggest that As he is, we think, in Japan, an' adjournment until December 10th or December 12th should be granted co that they might have an opportunity of communicating with him and also that he might have the opportunity to return. • Sir Robert Stout: How can he be brought back, if he has gone away in contempt of court? Sir John Findlay: Pearce made provision for his wife by the settlement of £IO,OOO. The trustee| of Pearce's estate are' content that the deeds should be held by them until some, finality is reached in the proceedings. Undoubtedly Mr. Myers obtained an order forbidding the departure from New Zealand of Hazel Pearce, but it will be contended that she is of the age of discretion, and that she went away with her sister, who is 25 years old. Mr. Myers said Pearce left New Zealand and the daughters went with him, and Sir John Findlay admitted that the daughters had gone on the same vessel as respondentSir Robert Stout: If he disobeyed an order of the court by taking the girl out of the country he is liable to imprisonment. QUESTION OF SERVICE. \ Sir John Findlay: Pearce has not been served for commitment. Mr. Myers: The application before the court is for direction as to service. Sir Robert Stout: He knows that litigation is pending, and if he chooses to go outside the jurisdiction of the court then we must treat him as if he were in the jurisdiction of tho court. Sir John Findlay: Ho may have his reasons for what he did; but the service should be personal. Ilia property and business are here, and I ask Mr. Myers to accept an assurance that Pearce/ will be back by the middle of December. I ask Your Honor to adjourn the application until the middle of December, on the understanding that if Pearce is not here then he must be presumed to be evading personal service. "DELIBERATE CONTEMPT OF COURT." Mr. Myers: Pearce is going to receive from the petitioner and from me just so much consideration as he deserves, which is nil. A more deliberate contempt of court lias never been committed. lam going to show 'Mr. Pearce? or give hitti an opportunity of learning that his apparent idea that there is a difference in the Jaw regarding the rich man and the poor mfin is quite mistaken. He is going to be shown that even though he is worth a quarter of a million of money and thinks he has influence he cannot treat the law with contemptThe case is aboct as flagrant as it could be. As will belseen from the affidavits, ■ tile man has been warned. It has been brought under his notice by letter that, unless the girl was returned, proceedings would be taken. If Pearce chooses to go away in contempt of court, that is his affair. I contend that we are not bound to serve him at all. The court has a right to attack him ex parte. PEARCE WARNED. "Before Pearce went away," continued counsel with considerable feeling, "I personally did all I could to prevent him placing himself in the position. He was warned by letter, and the order of Mr. -Justice Edwards was served on him on the wharf on June 4th., before the

I believe lie has taken the girl to Japan. Even if the girl went away on her own accord what right has Pearce to keep her in Australia or elsewhere and pay her expenses in contempt of court. Before she went away representations were made to the»Government that if it issued a permit or failed to cancel one already issued, they, were becoming parties 'to a contempt of court. Despite these representations passports were granted to Mr. Pearce, ex-M.P., and his daughters. .It is most regrettable —I will not use .stronger language—that a passport should have been granted under the circumstances." "I suggest," said Mr. Myers in conclusion, "that the court should make an order that, the documents ( in connection with the proceedings for alimony, a decree absolute be served on the solicitor on record, and in connection #tvith the application for.Pearce'g commitment for contempt of court, grant an adjournment for a fortnight, and then treat it as an ex-parte matter. lam going to ask the court to punish Pearoe for flagrant and deliberate contempt of court." Sir Robert Stout: I can only deal /frith the motion before the court. Sir John Findlay: I understand that information will be placed before the court to show that the girl went. of her own accord. A WARD OF THE COURT. • Sir Robert Stout: I don't care whether she did or not. She had n6 business to go. She was really a ward of the court. I will assume thus she knew well enough. Who lias been paying her expenses? Sir John Findlay: She has an income of her own. 1 She has £7OOO. Mr. Myers: That is principal. The girl has not drawn any income since leaving home. Sir John Findlay: I submit, sir, that Pearce should be given an opportunit;' of appearing. "WILL GET NO CONSIDERATION." \ Sir Robert Stout: He will get no consideration. He is not entitled to any, as he went away in the face of knowledge that litigation was pending. The court will act as if he weije present, and if he not choose to be present that is his look-out. The Chief Justice then made orders in the terms of the request by Mr. Myers, viz., service in connection with proceedings for alimony, decree absolute, and permanent custody of Hazel Pearce, to be made on tlie solicitor on the records, and an adjournment for two weeks of tho application for commitment of Pearce for contempt of court.